Public Policy

  • August 26, 2026

    Squires Institutes 6 Patent Reviews, Rejects 5 Others

    U.S. Patent and Trademark Office Director John Squires has instituted six patent reviews and denied five other requests in his latest round of decisions.

  • August 26, 2026

    Group Says HHS Can't Cut Certain Immigrants' Medicaid

    A Seattle-based community organization accused the U.S. Department of Health and Human Services of misinterpreting the 2025 federal budget bill, telling a Washington federal court it cannot strip Medicaid benefits away from noncitizens receiving Supplemental Security Income.

  • August 26, 2026

    Calif. Bill Curbing PE Role In Litigation Heads To Newsom

    A California bill to ban corporate investors from influencing litigation strategy is heading to Gov. Gavin Newsom's desk after passing with bipartisan support from the state Legislature.

  • August 26, 2026

    Creek Nation Refutes Tulsa DA's Stance On State Crime Cases

    The Muscogee (Creek) Nation has told the Tenth Circuit that Oklahoma's Tulsa County district attorney gets it wrong in stating that he has the authority to prosecute nonmember Native Americans for nonmajor crimes committed on the federally recognized tribe's reservation.

  • August 26, 2026

    Miami Politicians Must Face Ex-Top Cop's 1st Amendment Suit

    Three former Miami city commissioners aren't shielded by the doctrine of qualified immunity from a fired police chief's First Amendment lawsuit, but the former city manager is, the Eleventh Circuit ruled Wednesday, saying the manager didn't know he risked violating the Constitution by suspending the chief before the firing.

  • August 26, 2026

    DC Circuit Upholds Approval Of La. LNG Terminal, Pipeline

    The D.C. Circuit on Tuesday rejected a challenge to the Federal Energy Regulatory Commission's approval of a $10 billion liquefied natural gas terminal and pipeline in Louisiana, denying petitions from environmentalists saying the commission had unjustifiably dismissed threats to the climate stemming from the project.

  • August 26, 2026

    4 Factors That May Decide Success Of IRS Easement Office

    As practitioners scrambled to meet deadlines to settle clients' disputes over conservation easement tax deductions, the IRS made a surprise announcement this month that it would establish an office to solely focus on such cases. Here, Law360 looks at how four factors will affect whether the IRS achieves its stated plans for the office.

  • August 26, 2026

    5th Circ. Won't Reopen Apex's SEC Deal For Better Terms

    The Fifth Circuit has denied Apex Clearing Corp.'s petition to revisit its settlement agreement with the U.S. Securities and Exchange Commission over the clearinghouse's purported failure to keep records of off-channel communications, finding that other firms receiving more favorable settlement terms later on was not grounds for modification.

  • August 26, 2026

    Sens. Push Probe Of DOT's Failure To Protect Flyers' Privacy

    U.S. Sens. Ron Wyden, D-Ore., and Shontel Brown, D-Ohio, asked the U.S. Government Accountabiliy Office Wednesday to investigate the U.S. Department of Transportation's "systemic abdication" and "regulatory neglect" of its consumer privacy enforcement mandates meant to protect air travelers' privacy, warning of "severe international and economic ramifications."

  • August 26, 2026

    Idaho Abortion Ban Relief Narrowed To 1 Doctor

    An Idaho federal judge walked back his recent order barring the state from enforcing its near-total abortion ban in certain health-related circumstances, finding that precedent in the U.S. Supreme Court supported a narrower injunction.

  • August 26, 2026

    Ill. Aid-Fixing Trial Delayed As 7th Circ. Review Proceeds

    Students and several elite private universities will have to postpone their trial over an alleged financial aid fixing scheme while the Seventh Circuit reviews expert-related findings that have allowed the case to proceed as a class action, an Illinois federal judge said Wednesday.

  • August 26, 2026

    Diocese Says Religious Freedom Fair Defense To DHS Taking

    A New Mexico church argued that the federal government's eminent domain powers are not designed to override protections for religious expression, objecting to a plan that would seize part of a pilgrimage site to build a border wall.

  • August 26, 2026

    Lawmakers Press Commerce To Curb Exports To Adversaries

    A bipartisan group of lawmakers is urging the U.S. Department of Commerce to block U.S. citizens and businesses from working for foreign civilian intelligence and security agencies in Russia, China and other "countries of concern."

  • August 26, 2026

    Meta Judge Quickly OKs $17B Deal Over Social Media Harms

    A California federal judge overseeing a bellwether trial over claims Meta hid social media's harms to youth on Wednesday approved its $17.1 billion deal with 29 states, after a hearing in which she pressed lawyers on details of the deal and raised concerns about how Meta was handling attorney-client privilege issues.

  • August 26, 2026

    Mont. Reaches Deal To Ensure Schools Teach Native History

    A group of individuals, tribal nations and the Montana Office of Public Instruction have agreed to settle a class action challenging the state's failure to implement a mandate that requires public schools to teach Indigenous history and culture in consultation with local tribes.

  • August 26, 2026

    NTIA Has Given Final OK To All 56 State, Territory BEAD Plans

    Nearly five years after the Infrastructure Investment and Jobs Act created the BEAD program, the National Telecommunications and Information Administration says it has approved all 56 final proposals from the states and territories.

  • August 26, 2026

    7th Circ. Holds High Court Ruling Supports Ark. PBM Rule

    The Seventh Circuit refused Wednesday to revive a union fund's challenge to an Arkansas rule making health plans disclose pharmacy compensation and pay fees, backing a lower court's holding that the rule was in line with a 2020 U.S. Supreme Court ruling that permitted state cost regulations on pharmacy benefit managers.

  • August 26, 2026

    Samsung, Apple Warn Against Google Payment Ban

    Samsung and Apple told the D.C. Circuit that they are backing the district court's decision to reject a proposed ban on Google's payments to device distributors, with Samsung saying the ban would deprive it of the revenue it needs to help fund research and development in its mobile business unit and Apple saying it would only benefit Google at the expense of customers and third parties. 

  • August 26, 2026

    Mich. Appeals Court Upholds Probate Judge Candidate DQ

    A candidate hopeful for Wayne Probate Court judge will not appear on the ballot in November after a Michigan Court of Appeals panel on Tuesday affirmed a lower court's decision that her nominating petitions did not have enough signatures to garner her certification.

  • August 26, 2026

    DOJ Flags Breach Of Internal Policies In Apple Suit

    The U.S. Department of Justice told a New Jersey federal judge Tuesday that its staffers breached internal policies when they shared personally identifiable information with an outside discovery vendor that was hired not by the department, but instead by the DOJ's state attorneys general partners, in the monopolization case against Apple.

  • August 26, 2026

    FCC Seeking More Spectrum For Space Launches, Reentry

    The Federal Communications Commission is on the hunt for more spectrum that could support space launches and reentry, and is asking stakeholders to weigh in with their own ideas on how to free up the airwaves.

  • August 26, 2026

    States Renew Bid To Block New Mail-In Ballot Rule

    A coalition of 24 states and the District of Columbia again asked a Massachusetts federal judge on Wednesday to block implementation of the U.S. Postal Service's rule restricting delivery of mail-in ballots, after the U.S. Supreme Court paved the way for an earlier injunction to be lifted.

  • August 26, 2026

    DOJ Adds Philly Detainer Ban To 'ICE Out' Challenge

    The U.S. Department of Justice has expanded federal litigation against the city of Philadelphia over its "ICE Out" legislative package requiring immigration agents to remove their masks, now also targeting a bill prohibiting local law enforcement from holding noncitizens convicted of state crimes for transfer to federal custody for deportation.

  • August 26, 2026

    Trucking Groups Urge Full 5th Circ. To Mull Penske Liability

    Trucking industry groups contend the Fifth Circuit unjustifiably expanded liability for upstream motor carriers when it recently held that trucking services giant Penske Logistics LLC could be held vicariously liable for a fatal 2018 Texas collision caused by a motor carrier that Penske knew nothing about.

  • August 26, 2026

    Feds Urge 6th Circ. To Affirm $100M DTE Clean Air Act Penalty

    Several DTE Energy Co. entities should not be allowed to escape a $100 million civil penalty a Michigan federal judge imposed for Clean Air Act violations at a coke production facility near Detroit, the U.S. Department of Justice has told the Sixth Circuit.

Expert Analysis

  • Series

    Choral Singing Makes Me A Better Lawyer

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    Singing in the New York City Bar Chorus — a hobby partly inspired by the late U.S. District Judge Richard Owen, who infused my clerkship year with opera music — has improved my legal career by refining my abilities to listen, exude confidence and develop emotional intelligence, says Bonnie Baker at Friedman Kaplan.

  • What Ratings Overhaul May Mean For Banking Industry

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    Proposed revisions to the bank rating system commonly known as CAMELS could constrain examiner discretion and tie supervisory outcomes more closely to measurable financial risk, potentially saving compliance costs, reducing the frequency of ratings downgrades and spurring a more growth-oriented banking system, say attorneys at Debevoise.

  • Series

    Illinois Banking Brief: All The Notable Legal Updates In Q2

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    The last three months were particularly consequential for Illinois banking law, with a federal court ruling reshaping the Interchange Fee Prohibition Act, the state filling enforcement gaps, significant legislative activity and a revision to the community bank leverage ratio, say attorneys at Riley Safer.

  • Attorney Mental Health Is An Ethical Obligation In The AI Era

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    As attorneys cope with the increasing unpredictability that artificial intelligence and constant policy changes have created, particularly in practice areas where they carry the emotional weight of clients’ most consequential life events, otherwise soft discussions about self-care are a matter of professional competence, says attorney Jack Jrada.

  • Md. Ruling Reflects Classic Administrative Law Principle

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    A Maryland federal court's recent decision in Columbus v. Kennedy significantly limits how far the Centers for Medicare & Medicaid Services can go in reshaping the Affordable Care Act through regulation, highlighting a principle that will likely be applied in similar Administrative Procedure Act challenges, says Michael King at Brownstein Hyatt.

  • DOJ China Container Indictments Signal Global Cartel Risk

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    The U.S. Department of Justice's recent announcement that it had indicted Chinese manufacturers for conspiring to drive up the price of shipping containers sold in the U.S. illustrates the Antitrust Division's interest in pursuing overseas cartel conduct, especially in China, signaling that multinational companies with employees abroad should strengthen antitrust compliance to avoid running afoul of U.S. national security policy, say attorneys at Squire Patton.

  • More Cos. Will Copy SpaceX's Shareholder Proposal Opt-Out

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    For more than 80 years, the shareholder proposal looked like a federal right guaranteed to all public company investors, but after SpaceX opted out before its recent initial public offering, other companies are likely to follow, says Mohsen Manesh at the University of Oregon School of Law.

  • How DOJ Is Approaching Monitorship After Signaling Limits

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    As the U.S. Department of Justice keeps more monitors in place than expected, a look at the matters in which prosecutors are maintaining oversight reveals the sort of companies enforcers might trust to self-remediate, and also those that may receive independent supervision, say attorneys at Kendall Brill.

  • Opinion

    DHS' World Cup Influencer Warning Overreads Visa Law

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    The U.S. Department of Homeland Security’s reported position that foreign influencers covering the 2026 World Cup need work visas if their content is monetized runs contrary to both legislative intent and long-standing precedent that structure the visa inquiry around labor market substitution, says Jun Li at Reid & Wise.

  • 3 Steps For Banks As Section 1071 Rule Finally Becomes Final

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    Some community banks and other lenders will get some breathing room in the final Section 1071 rule exempting them from small business lending reporting duties, but other reporting institutions should update applications, systems and staff training ahead of the 2028 compliance date, says Memrie Fortenberry at Jones Walker.

  • Why DOE Isn't Phasing Out Appliance Efficiency Regs

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    While the U.S. Department of Energy recently acted on President Donald Trump's 2025 executive order requiring it to consider sunsetting many energy regulations, the DOE has not proposed phasing out efficiency standards for appliances and industrial equipment — but it could pursue other approaches to ease such requirements, say attorneys at HWG.

  • Series

    Power To The Paralegals: Burnout As A Structural Problem

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    Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

  • Class Actions At The Circuit Courts: June Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five recent rulings from cases involving allegations of internet data misuse, consumer fraud claims, immigration, insurance and First Amendment violation claims.

  • Justices' FCC Fine Ruling May Weaken Agency Leverage

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    The U.S. Supreme Court's decision in Federal Communications Commission v. AT&T upheld the commission's forfeiture framework as consistent with Jarkesy, but it is also likely to reduce the effectiveness of the commission’s forfeiture proceedings as a collection and deterrence tool, say attorneys at Venable.

  • Takeaways From 1st Del. Ruling Applying Moelis Amendments

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    Delaware corporations should carefully review contractual arrangements and governance documents following the Court of Chancery's recent enforcement of a non-Delaware forum selection clause in a CEO's employment agreement under 2024 amendments to the state's General Corporation Law, say attorneys at Morgan Lewis.

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